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Before the Internal Revenue Code can be applied to an entity, the entity
must demonstrate that it actually functions as
the type of entity it claims to be. It is not enough to have
satisfied a state's standards of entity formation. For tax
purposes, the predominant forms of business enterprise are C
corporations, S corporations, partnerships, limited
liability companies (LLC), limited liability partnership (LLP), and sole
proprietorships. To choose between these is to
choose between significant differences in federal income tax
treatments.
Corporations
C Corporations are subject to the toughest tax bite. Their earnings
are taxed twice. First, a corporate tax is imposed
against its earnings and then, after the earnings are distributed to
shareholders as individuals. An S
Corporation
is a corporation that has elected and consented to have the income and
expenses "passed" through to its shareholders.
The shareholders then must report the income and expense on their income
tax returns. For more
information on incorporating, click here or e-mail us to make an appointment for us to
do it for you. To make
the S Corporation
election, click here.
Partnerships
A partnership is the relationship between two or more persons who join to
carry on a trade or business, with each
person contributing money, property, labor, or skill and each expecting to
share in the profits and losses of
the business whether or not a formal partnership agreement is made.
A partnership includes a syndicate, group,
pool, joint venture, or other unincorporated organization that carries on
any business, financial operation, or venture,
and that is not a trust, estate, or corporation. A noncorporate
entity with at least two members can be classified
either as a partnership or as an association taxable as a
corporation. A noncorporate entity with one member
can be taxed either as a corporation or as a sole
proprietorship.
Limited Liability Partnership (LLP) and Limited Liability Company
(LLC)
A limited partnership is formed under a state limited partnership law and
composed of at least one general partner
and one or more limited partners. Generally, a partner in an LLP is
not personally liable for the debts of the LLP
or any other partner, nor is a partner liable for the acts or omissions
of any other partner. A limited liability
company (LLC) is an entity formed under state law by filing articles of
organization as an LLC. Unlike a partnership,
none of the members of an LLC are personally liable for its debts.
An LLC may be classified for Federal income
tax purposes either as a partnership, a corporation, or an
entity. For filing procedures when forming an LLC,
click here. For filing procedures
when forming an LLP, click here.
Sole
Proprietorship
A sole proprietorship qualifies as a business if your primary purpose for
engaging in the activity is for
income
or profit and you are involved in the activity with continuity and
regularity. A sole proprietorship consists of
one
individual.
611
North Tennessee Street P.O. Box 473 Cartersville,
GA
30120
Phone (770)382-3361
Fax(770)386-8382
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